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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that aluminum extrusions from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) April 1, 2023, through September 30, 2023.
DATES:
Applicable October 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Luke Caruso or Jonathan Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2081 or (202) 482-3518, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 7, 2024, Commerce published in the Federal Register , and invited interested parties to comment on, its preliminary affirmative determination in the LTFV investigation of aluminum extrusions from China. We invited interested parties to comment on the Preliminary Determination. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. The deadline for the final determination of this investigation is now September 26, 2024.
See Aluminum Extrusions from the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 38031 (May 7, 2024) ( Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM).
See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.
A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
See Memorandum, “Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from the Socialist Republic of China,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
Scope of the Investigation
The products covered by this investigation are aluminum extrusions from China. For a complete description of the scope of this investigation, see Appendix I to this notice.
Scope Comments
During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued Preliminary Scope Decision Memoranda to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. Between May 22, 2024, and June 24, 2024, Commerce received post-preliminary determination scope comments from interested parties regarding numerous products and scope-related issues. Between July 20, 2024, and August 19, 2024, Commerce received scope case and rebuttal briefs from numerous interested parties. We made changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I.
See Memorandum, “Preliminary Scope Decision Memorandum II,” dated May 1, 2024 (Preliminary Scope Decision Memorandum II); see also Memorandum, “Preliminary Scope Decision Memorandum,” dated March 4, 2024 (Preliminary Scope Decision Memorandum).
See Memorandum, “Final Scope Decision Memorandum,” dated concurrently with this notice.
Verification
Commerce conducted verifications of the sales and factors of production information submitted by Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd (SHMC) and one of its suppliers consistent with section 782(i) of the Tariff Act of 1930, as amended (the Act). We used standard procedures to conduct the verifications, including examining relevant sales and accounting records and original source documents provided by the companies.
See Memoranda “Verification of the Sales Information Provided by Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd. in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from the People's Republic of China” dated August 21, 2024, and “Verification of the Factors of Production Information Provided by Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd. in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from the People's Republic of China” dated August 21, 2024.
Analysis of Comments Received
We addressed all the issues raised in the case and rebuttal briefs submitted by interested parties in this investigation in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
We made certain changes to our calculations of SHMC's PAE's estimated weighted-average dumping margin. For a discussion of these changes, see the Issues and Decision Memorandum.
China-Wide Entity and Use of Adverse Facts Available
Consistent with the Preliminary Determination, Commerce continues to find, pursuant to sections 776(a) and (b) of the Act, that the use of facts otherwise available, with adverse inferences, is warranted in determining the dumping rate for the China-wide entity. For this final determination, as adverse facts available (AFA), we have continued to assign a rate of 376.85 percent, which is the highest dumping margin alleged in the petition, to the China-wide entity.
See Preliminary Determination PDM at 6-9.
Id.; see also Initiation Notice, 88 FR at 74426; see also AD Investigation Initiation Checklist: Aluminum Extrusions from the Socialist Republic of China (October 24, 2023) (Initiation Checklist).
Separate Rates
No interested party commented on Commerce's preliminary separate rate determinations, and we have no basis to reconsider those determinations. Accordingly, we continue to find that SHMC, and certain non-individually examined companies that are listed in the rate table below, are eligible for a separate rate.
See Preliminary Determination PDM at 6-11.
In calculating the rate for non-individually examined respondents that received a separate rate in a non-market economy LTFV investigation, Commerce normally looks to section 735(c)(5)(A) of the Act, which pertains to the calculation of the all-others rate in a market economy LTFV investigation, for guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for those companies individually examined, excluding any dumping margins that are zero, de minimis, or based entirely on facts available under section 776 of the Act. The statute further provides that, where all calculated dumping margins are zero, de minimis, or based entirely on facts available under section 776 of the Act, Commerce may use “any reasonable method” for assigning the rate to non-selected respondents.
Commerce has calculated an estimated weighted-average dumping margin for the sole mandatory respondent that is eligible for a separate rate, SHMC, that is not zero, de minimis, or based entirely on facts available. Therefore, in accordance with section 735(c)(5)(A) of the Act, we have assigned SHMC's calculated estimated weighted-average dumping margin to the non-individually examined respondents that received a separate rate.
Combination Rates
Consistent with the Preliminary Determination, and Policy Bulletin 05.1, Commerce calculated combination rates for the respondents that are eligible for a separate rate.
See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, “Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,” (April 5, 2005) (Policy Bulletin 05.1), available at https://access.trade.gov/Resources/policy/bull05-1.pdf.
Final Determination
The final estimated weighted-average dumping margins are as follows:
Commerce has preliminarily determined that the mandatory respondent Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd. is affiliated with the following companies and has treated these companies as a single entity: (1) Sanhua Intelligent Controls Co., Ltd.; (2) Zhejiang Sanhua Automotive Components Co., Ltd.; (3) Shaoxing Sanhua New Energy Automotive Components Co., Ltd.; (4) Shaoxing Sanhua Automotive Thermal Management Technology Co., Ltd.; (5) Sanhua Heat Exchanger (Zhengzhou) Co., Ltd.; and (6) Sanhua International Singapore Pte. Ltd. See Preliminary Decision Memorandum.